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A Death Behind The Wheel

SDCL § 22-16-41 — vehicular homicide is a Class 3 felony, with the license revoked for at least ten years

Driving under the influence to the degree the DUI law prohibits, in a negligent manner, and thereby causing the death of another person, including an unborn child, is vehicular homicide, a Class 3 felony.

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Ten years off the road. The court revokes the license for not less than ten years from sentencing or ten years from release, whichever is later. Time spent back in prison before it ends does not count toward it.

A death in a crash without intoxication falls under other sections. A particular case is a question for a licensed South Dakota attorney.

Sources for this section (1)
  1. SDCL § 22-16-41 — Vehicular homicide

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.

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